Cumming Computer Crimes Lawyer
Buford Internet Child Pornography Attorney
For over a decade the criminal defense attorneys at The Newtonon Law Firm, P.C. have been aggressively representing clients accused of serious misdemeanor and felony crimes. If you have been arrested for allegedly committing an internet or computer crime in Georgia you may be facing very harsh legal consequences.
What is computer and internet crime?
It is exactly what you would think - crimes involving the use of the personal computer and internet in some illegal manner. Two of the most common examples are using the internet to collect child pornography - usually defined as children under the age of 17 or 18; or using internet chat rooms to entice a child into a face to face meeting for the purpose of engaging in sexual activity. Another growing concern is internet stalking, which involves using e-mail and internet chat rooms to harass another person. Other examples of Internet fraud and computer crimes include:
- Computer hacking
- Conducting illegal financial transactions
- Destroying computer information or data
- Spreading a computer virus
- Fraudulently obtaining computer data
- Copyright theft
- Illegal money making schemes
- Illegally acquiring confidential national security data
- Cyberstalking
- Identity theft
Electronically furnishing obscene material to minors - if one knows or has good reason to know the character of the material furnished, the person electronically furnishes to an individual whom the person knows or should have known is a minor any picture, photograph, etc of a person or a portion of the human body which depicts sexual conduct, nudity or abuse which is harmful to minors, or any written or aural matter that contains such material and taken as a whole lacks serious literary, artistic, political, or scientific value and incites prurient interest instead.
Often times computer crime cases involve key constitutional issues; especially Fourth Amendment issues concerning the right for a citizen to be free of unreasonable searches of their homes and private property. These issues almost always arise, because the person being investigated normally finds his home and workplace computers and other personal property seized by the police or FBI, and then sent to a crime lab to be searched for illegal content. This usually happens before an arrest is made, and, thus, the person's home or office is invaded by government agents before the person is ever accused of a crime, immediately raising constitutional issues about the legality of the search. These searches are also done at the person's home or workplace, and, thus, workplace and neighborhood gossip can spread quickly. Because of the lurid nature of these types of charges, the person being investigated can find their personal or professional reputation immediately stained before they have even been arrested for anything. Thus, it is critical for the person under investigation to get legal help as soon as they are served with a subpoena, receive a phone call from an FBI agent or the local police, or find his/her home or business being searched by state or federal agents.
There can also be, in some cases, First Amendment issues as to whether the images seized are actually "pornographic"or, in the alternative, "artistic" in nature. The pictures may be "close to the line" of what is legal to possess, and, therefore, a jury may have to ultimately determine whether a picture is actually "pornographic" or not. What one juror may consider "art house" photography can be, to another juror, absolute smut.
Another issue that may arise in these cases is that of criminal intent. The prosecutor has to prove the person intended to possess the pornography or intended to "entice" the child through a particular chat room or intended to "harass" the person receiving unwanted e-mails. These are subjective conclusions that can only be determined by looking at all of the facts and circumstances of a particular case and are often open to differing opinions. Once again, it may be up to a jury to ultimately make the final determination as to what the accused person's actual intent really was.
If you have been charged with any type of computer related crime, you should hire an experienced criminal defense lawyer to ensure that your case is represented by skilled and aggressive professionals. We will use our knowledge of Georgia criminal law to pursue all options to protect your legal rights.
